Chương VI Nghị định 52/2013/NĐ-CP thương mại điện tử: Giải quyết tranh chấp, thanh tra, kiểm tra và xử lý vi phạm

Chapter VI

SETTLEMENT OF DISPUTES, INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS

Article 76. Settlement of disputes in e-commerce

1. Trades, organizations or individuals that own sales e-commerce websites shall receive and settle customer complaints about contracts concluded on their e-commerce websites.

2. Disputes between traders, organizations or individuals that sell goods and provide services and their customers during the performance of contracts must be settled on the basis of the contract terms published on the websites at the time of conclusion of these contracts and relevant laws.

3. Traders, organizations or individuals that sell goods and provide services may not abuse their advantages in the electronic environment to unilaterally settle disputes without the consent of customers.

4. Disputes must be settled through negotiation between disputing parties, conciliation, arbitration or court according to current procedures and regulations on dispute settlement.

5. Settlement of complaints and disputes on e-commerce service provision websites:

a/ Traders and organizations providing e-commerce services shall clearly publish on their websites the process of receiving and responsibility for settling customer complaints and the mechanism of settling disputes related to contracts concluded on their e-commerce websites;

b/ If traders and organizations providing e-commerce services fail to publish information according to Point a of this Clause, they shall directly receive and settle customer complaints and disputes related to contracts concluded on their e-commerce websites.

c/ Traders and organizations providing e-commerce services may participate in the conciliation of disputes arising between customers and sellers on their e-commerce websites.

Article 77. Inspection and examination in e-commerce

1. Traders and organizations defined in Section 3, Chapter IV of this Decree submit to annual examination by the Ministry of Industry and Trade of their observance of this Decree and relevant documents. Examination results are published on the E-Commerce Management Portal.

2. Traders and organizations defined in Sections 1 and 2, Chapter IV of this Decree submit to examination and inspection by the Ministry of Industry and Trade and provincial-level Industry and Trade Departments in accordance with law.

Article 78. Handling of administrative violations in e-commerce

1. Traders, organizations or individuals that commit the following violations shall, depending on the nature and severity of their violations, be administratively sanctioned in accordance with the law on handling of administrative violations in e-commerce:

a/ Violation of provisions on prohibited acts in e-commerce activities in Article 4 of this Decree;

b/ Violation of regulations on conclusion of contracts in e-commerce;

c/ Violation of regulations on responsibilities of subjects in e-commerce;

d/ Violation of regulations on notification of set-up of sales e-commerce websites;

dd/ Violation of regulations on registration of e-commerce service provision websites;

e/ Violation of regulations on rating and certification in e-commerce;

g/ Violation of regulations on protection of personal information in e-commerce;

h/ Violation of regulations on payment safety in e-commerce;

i/ Non-compliance with requests of competent state agencies conducting inspection and examination in accordance with law;

k/ Continued operation after having their registrations for provision of e-commerce services terminated, for traders and organizations;

l/ Continued operation after having their registrations terminated or being deregistered or having their licenses for rating, supervision and certification in e-commerce invalidated or revoked;

m/ Violation of other provisions of this Decree.

2. In addition to the administrative sanctions, management agencies shall consider the nature and severity of violations of traders and organizations to issue decisions to stop operation, deprive of the right to use licenses or deregister e-commerce service provision websites for violations specified in Clause 1 of this Article.

3. In case traders, organizations or individuals commit violations, causing damage to material interests of other traders, organizations or individuals, they shall pay compensations in accordance with law.

4. Principles, statute of limitations and procedures for sanctioning administrative violations in e-commerce comply with the Law on Handling of Administrative Violations and relevant documents.

5. The Inspectorate of the Ministry of Industry and Trade, the market management office, inspectorates of provincial-level Industry and Trade Departments and other state agencies may sanction administrative violations in e-commerce according to their competence provided in the Law on Handling of Administrative Violations and relevant documents.